2014 -- H 7599

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LC004494

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

     Introduced By: Representatives McNamara, Corvese, Azzinaro, Malik, and Shekarchi

     Date Introduced: February 26, 2014

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 21-28-4.01.1 and 21-28-4.01.2 of the General Laws in Chapter 21-

28 entitled "Uniform Controlled Substances Act" are hereby amended to read as follows:

     21-28-4.01.1. Minimum sentence -- Certain quantities of controlled substances. -- (a)

Except as authorized by this chapter, it shall be unlawful for any person to manufacture, sell, or

possess with intent to manufacture, or sell, a controlled substance classified in schedules I or II

(excluding marijuana) or to possess or deliver the following enumerated quantities of certain

controlled substances:

      (1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of heroin;

      (2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of:

      (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

      (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

      (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

      (iv) Any compound, mixture, or preparation which contains any quantity of any of the

substances referred to in paragraphs (i) -- (iii) of this subdivision;

      (3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100) to

one thousand (1,000) tablets of a mixture or substance containing a detectable amount of

phencyclidine (PCP);

      (4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD)

or one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a

detectable amount of lysergic acid diethylamide (LSD); or

      (5) One kilogram (1 kg.) to five (5 kgs.) kilograms of a mixture containing a detectable

amount of marijuana. ; or

     (6) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of synthetic drugs.

     (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

may be imprisoned for a term up to fifty (50) years and fined not more than five hundred

thousand dollars ($500,000).

     21-28-4.01.2. Minimum sentence -- Certain quantities of controlled substances. -- (a)

Except as authorized by the chapter, it shall be unlawful for any person to possess, manufacture,

sell, or deliver the following enumerated quantities of certain controlled substances:

      (1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of heroin;

      (2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of:

      (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

      (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

      (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

      (iv) Any compound, mixture, or preparation which contains any quantity of any of the

substances referred to in paragraphs (i) -- (iii) of this subdivision;

      (3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand

(1,000) tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);

      (4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one

thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid

diethylamide (LSD); or

      (5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of

marijuana. ; or

     (6) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of synthetic drugs.

      (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

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may be imprisoned for a term up to life and fined not more than one million dollars ($1,000,000).

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

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     This act would provide minimum mandatory sentences for certain quantities of synthetic

drugs.

     This act would take effect upon passage.

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